JUDGMENT
This is a second appeal arising from the judgment and order of the High Court of Kenya at Nairobi (Mbogholi, J.), dated and delivered on 16th May, 2018, in Nairobi HCCA No. 605 of 2015, reducing the lower court’s award of damages for loss of earnings from the sum of Kshs.4,343,200.00 to Kshs.2,504,640.00. The appeal also contests the award of interest on general damages from the date of judgment.
The appellant herein commenced a suit by a plaint dated 20th February, 2012, in the Chief Magistrate’s Court at Milimani in CMCC No. 2273 of 2012 seeking general damages for pain, suffering and loss of amenities of life; loss of earning or diminished earning capacity to be assessed by the court; special damages, costs and interest. The background to the appellant’s case stemmed from his claim that he got injured while performing duties in the course of his work as an employee of the respondent. It was his contention that the accident was as a result of the respondent’s negligence or br…